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Why Motorcycle Accident Cases Can Be Difficult

Last Updated on June 16, 2021 by Theodore Spaulding

In this video attorney Ted Spaulding reviews what makes motorcycle accidents a unique type of personal injury case, and what challenges they can present. He includes details regarding the legal process in Georgia and what complexities can arise. 

Hi, I’m Ted Spaulding. I’m an Atlanta personal injury trial attorney and I am the founder here at Spaulding Injury Law. So this is an important question because it’s something that I go through with each of my clients that have been in a motorcycle wreck, to steer them to what might transpire in their case.

So motorcycle accidents can be difficult because there’s a unique difference that defense attorneys and insurance companies like to try to use to their advantage to keep verdicts as low as possible in motorcycle accident cases. And the reason for this is oftentimes, motorcycle accidents that are being tried to juries, there’s huge damages. People have severe injuries after motorcycle wrecks, so they got to come up with a way to try to level the playing field, lower the verdict. And the way they do that is to perpetuate the, kind of, myth out there, if you will, by the general public that motorcycle riders take the risk and therefore, if they get injured, well, that’s what they asked for, right? That they assume the risk, basically, is what it’s called. And they use that bias as much as possible in selecting a jury and then, in trying their case. They do it subtly. They’re very good at it.

But you’re not gonna have a jury full of motorcycle riders. It’s gonna be the exact opposite. You’re going to have people that have never ridden a motorcycle, much less operated one, or had a friend that has operated one. That’s what your jury is gonna be full of. And they’re going to look at you and go, “Well, he was taking risks, she was taking risks, and are we really gonna pay them out for all these damages? Yeah, the other guy was at fault but, you know, they assume the risk when they got on a motorcycle. That’s a dangerous thing to do,” and that sort of thing. So it’s not what the law says. You have absolute right to full compensation. Just because you’re riding a motorcycle doesn’t mean you’re a lower-class citizen that doesn’t have a right to full compensation for all your damages.

But reality is reality, right? And you’re trying your case to 12 jurors here in Georgia, and again, those 12 jurors are not gonna be motorcycle enthusiasts and understand that it’s not that dangerous if you know what you’re doing and it’s a great pastime, it’s a lot of fun. They’re not gonna care. So this is why, unlike your four-wheel vehicle rear-end collisions and those sorts of things that are much easier to try to a jury, getting full compensation on a motorcycle injury case can be more difficult because you’re having to overcome that bias. So you need a lawyer that knows how to try these cases to a jury to overcome that bias. It’s the biggest thing you’re fighting against in one of these cases.

So anyway, I hope this answers your question. If you have any others or you have a claim or case that you would like to see if our firm can handle, comment to this video. Go to our website, spauldinginjurylaw.com. We have a contact form on there you can fill out or give me a phone call. I’ve got two numbers for you: 770-744-0890 or 470-695-9950. Thanks for watching this video.

Theodore Spaulding, attorney

For over 15 years, Mr. Spaulding has helped victims of negligence across the state of Georgia resolve personal injury disputes, and he’s received a remarkable number of awards and honors from the legal community recognizing his commitment to clients and to the metro-Atlanta area.

As an undergraduate, Mr. Spaulding belonged to the Phi Beta Kappa honors fraternity at the University of Georgia, and he obtained his legal training at the Georgia State College of Law, where he clerked for the Honorable Judge Rowland Barnes of the Fulton County Superior Court. Mr. Spaulding has also worked for the Securities and Exchange Commission’s Atlanta Enforcement Division. Since 2005, he has dedicated his career to helping the injured victims of negligence and their loved ones win justice in Georgia’s personal injury courts.